Some felons could get records erased under bill heading to Michigan House

May 17, 2013

Written by

Detroit Free Press Lansing Bureau

LANSING — His name is Michael Jardine and he hates to admit it, but he’s a felon.

Popped for a misdemeanor weapons violation in 2001 and a felony larceny in a building in 2004 — a crime he says he didn’t commit — Jardine, 47, of Muskegon has been unable to get a job or care for his wife and three children.

But at least now, he’s got some hope.

“I’m an honorably discharged combat veteran and I can’t support my kids,” Jardine told the state House of Representatives Criminal Justice Committee. “You can help with the simplest of mercies and I’m begging you to.”

The committee unanimously passed a bill Wednesday that would allow more ex-offenders to get their criminal records erased from the public record, a process called expungement.

For many, it’s simply a second chance.

“You would be giving me a chance to succeed and excel,” said Tyson McNelley, 21, of Lansing. “Right now, I can’t even get training and education because of my convictions.”

McNeeley has a misdemeanor embezzlement conviction and a felony conviction for breaking and entering.

Both men have served their time, but their record follows them to the workplace because Michigan laws only allow a judge to consider expungement if an offender was under 18 when they committed their crime, or if the convicted person has only one crime on his or her record.

The bill would allow an ex-offender of any age to be eligible for an expungment if they have up to two misdemeanors and one felony, as long as the crimes were nonviolent. They wouldn’t become eligible to apply for an expungement until five years after they finished their parole or probation. And the judge in the case would still have discretion over whether to grant the request.

“We need to give individuals a second chance,” said state Rep. Stacy Oakes, D-Saginaw, the sponsor of the bill. “We can’t afford to have individuals in this state who are unemployable.”

The bill has widespread support from judges, attorneys and prosecutors.

“This is not a soft-on-crime bill. It tells you the rehabilitation message you sent on incarceration worked,” said Ingham County Circuit Judge Rosemarie Aquilina. “I shouldn’t have to turn all of them away. This is just a second chance if they deserve it.”

The Michigan Attorney General’s Office reviews about 2,500 expungement requests a year and says 1,500 people are eligible to apply. There aren’t figures available on how many of those eligible requests are granted.

State Rep. Brian Banks, D-Detroit, has a little experience with the criminal justice system. He has eight felonies on his record for writing bad checks and credit card fraud between 1998 and 2004. He wouldn’t be eligible to apply for the expungement, but thinks others should get that chance.

“Once they’ve paid their debt to society, it’s important to get another chance,” he said. “Right now, they’re still faced with that big f-word (felon) and they can’t obtain employment.”

Heather Garretson of the State Bar of Michigan said a felony record prohibits not only employment, but training as well.

Felons cannot obtain certain professional licenses and are not eligible for many educational scholarships.

“This would help recidivism and give people a chance to put their past behind them,” she said.

That’s all Tyson McNeeley wants. He’s still three years away from being able to even apply for the expungement, but he said he’s become active with his church, just returned from a missionary trip to Trinidad and hopes to go into the computer service field.

“I’m trying my hardest to give back,” he said. “But I can’t land a proper job that could afford me a lifestyle that I can be proud of.”

The only person to speak against the bill was Patrick Clawson, a Flint private investigator and crime victim.

“Why am I being victimized again by a law that is supposed to protect me,” he said. “Public officials shouldn’t be eligible for expungement. It just contributes to the secret justice system in Michigan.”

The bill, which has been introduced but not passed in each of the last five legislative sessions, now moves to the full House for consideration.